People v. Johnson

This case concerns the proper interpretation of Penal Code section 647, subdivision (j)(2), which, in brief, criminalizes the act of secretly filming or photographing an “identifiable person” under or through that person’s clothing so as to view the person’s body or undergarments, for sexual gratification, under circumstances in which the person has a reasonable expectation of privacy. Defendant Mylyn C. Johnson was charged with 12 counts of violating section 647, subdivision (j)(2). The jury was shown video footage defendant had recorded in which he followed women and filmed under their skirts, without their knowledge. In some cases, the resulting footage did not capture the women’s faces, or their profiles. During closing arguments, the prosecution and defense advanced two competing definitions of “identifiable person.” The jury found defendant guilty on all counts under section 647, subdivision (j)(2).

On appeal, defendant contends (1) the convictions on five of the counts must be reversed because there was no evidence he filmed “identifiable” persons, in that the women could not possibly be identified from the video footage; (2) the trial court erred in failing to…